Western Legal Tradition Reading Guide

Revised 1/31/01

Western Legal Tradition Reading Guide

Egypt

Aldred, The Egyptians

Ch. IX

Read carefully Section I, The King
What is the relationship between Pharaoh and the gods?
What is the meaning of ma'at?

Ch. X

What features of the physical environment were important in shaping Egyptian thought?
What was the Egyptian view of change and progress?
Note the discussion of the meaning of ma'at.

Glossary

uraeus: an asp (snake)

cuneiform: a form of writing with a reed on a clay tablet

shawabti: a small figure, representing a worker

The Loyalist Instruction

What is the relationship between Pharaoh and the gods?
What is the punishment for the rebel?
Re: the sun-god, chief of the gods
The Two Lands: Upper Egypt and Lower Egypt

Book of the Dead

To whom does the dead person address his denial of sins in the Book of the Dead?
What positive things does the dead person claim to have done?

Glossary:

Amon-Ra: The sun-god; chief Egyptian god. A combination of Amon (Amen), the god of air and wind, and Ra (Re), the sun-god.

Thoth: the messenger, represented as a baboon.

Osiris: god of the underworld Horus: son of Osiris, represented as a falcon.

ziggurat: a temple

An, Anu: sky-god of Uruk; chief of the gods.

Enlil, Ellil: son of Anu.

Lagash: a city in Mesopotamia.

1 mina = 60 shekels.

Mespotamia
Prologue to the Code of Hammurabi

What is the relationship between Hammurabi and the gods?
How did Hammurabi claim to have become king?
Who is the god of justice? (see footnotes)
What kinds of virtues does Hammurabi claim for himself?

Glossary: (Note that many terms are defined in footnotes.)

ziggurat: a temple

An, Anu: sky-god of Uruk; chief of the gods.

Enlil, Ellil: son of Anu

Lagash: a city in Mesopotamia

1 mina = 60 shekels.

Ancient Hebrews

Exodus

What reasons does God give for why the Israelites should obey him?
Who is the author of the Ten Commandments?
To what extent does punishment of the offender under the laws of Exodus vary with the status of the victim?
What offenses may result in capital punishment?
How are the laws regulating slaves different from those of Hammurabi?
Compare the rules regarding the goring ox with those in Hammurabi.

Antigone

Why is Creon angry with Polynices? What does he order done?
Why does Antigone disobey the order? Why does Ismene follow it?
Whose laws does Antigone claim to be following?
What punishment does Creon decree? What makes him change his mind?

Apology

What is the accusation against Socrates?
How does Socrates account for the charges?
Why should one not act in fear of death according to Socrates?
What penalties does Socrates suggest? Why?
What penalty is actually imposed?

Eumenides

Who are the Furies?
What is Orestes' crime?
Who is to decide Orestes' guilt?
What do the Furies claim will happen if he is acquitted?
Why did the Furies not pursue Clytemnestra?
What reason does Apollo give for favoring Orestes?
What is Athena's reason for her vote?
What promises does Athena make to the Furies?

Plato, Crito

What arguments does Crito give for escaping the punishment?
Does Socrates think his punishment is just?
What reasons does he give for refusing to escape?

Plato, Gorgias, pp. 27-50

In what sense do the rhetorician and tyrant lack power?
Do they retain power in any other sense?
Is power good for the person who has it in Plato's view?
Why is punishment a good thing on Plato's view?

Cicero, De Legibus

Where does justice come from according to Cicero?
How does he argue for this?
What is more important in keeping men from doing evil: the inborn
sense of justice or the fear of legal penalties?
Why isn't everything that is just found in the customs or laws of
nations?
What does Cicero see as the shortcomings of self-interest as a
standard for action?

Institutes of Justinian

To whom are the Institutes directed?
What religion does Justinian subscribe to?
What is Justinian's definition of justice?
What sources of Roman law does Justinian identify? How is each
defined?

Murder of Thomas Becket

Constitutions of Clarendon
Which provisions limit the power of the church?

Which provisions limit the power of the king?

Glossary:

clerk: cleric

tenement: landholding

frankalmoign: holding of land in exchange for spiritual services

seisin: possession

villein: a peasant

Magna Carta

What limits are placed on reliefs, wardship, and marriage?
How are the aids to the king limited?
What limits are placed on treatment of debtors?
What limits are placed on fines (amercements)?
Note #39 concerning judgment by peers.
How is the law of the forest changed?
How is the power of the king limited for the future?

Glossary:

distrain: seize goods pending legal action

serjeancy: petty service

Disafforested: removed from the royal forest

kydell: fish-weir

disseised: dispossessed

Preface to Estates in Land & Future Interests

What three modern property notions are traced by the author to
tenure by knight service?
What was the "infeudation" of England? What is "subinfeudation"?
How does the author account for the beginning of the heritability of
property?
What is a relief?
What is escheat?
What is livery of seisin?
What is wardship?
What is the feudal incident of marriage?

Aquinas, Summa Theologica (CP)

What is the last end of human life?
What is Aquinas's definition of law?
Why is the eternal law necessary?
What is the first precept of natural law?
In what respect is natural law changeable? In what respect
unchangeable?
What determines the validity of human law?

Bolt, A Man for All Seasons (separate book)

What is the King's problem?
Why won't the Pope do what the king wants?
What does the king initially ask More to do? How does More
respond?
Why does More resign?
What is the oath that More is asked to take? Why does he refuse?
How does Henry resolve his dispute with the Pope?
Who has the most power in Henry's England?
Who are the other contenders for power?
Does the law have any power against the king?

Act of Supremacy of Henry VIII

This is the Act referred to in the play.

Laws of Aethelstan

How was the trial by ordeal carried out?
What is the role of God in the ordeal?

Bushell's Case(CP)

What is the prisoner charged with?
What is the Court's argument why the defendants should not be
convicted?
What is the role of the judge according to the court? role of the jury?
What are the requirements for the composition of the jury?

Hobbes, Leviathan

In what respects are all men equal?
What does he think it would be like "during the time men live without
a common power to keep them all in awe"?
Why is there no justice when there is no government?
What rights do people have when there is no government?
What are the "laws of nature"? What rights are not alienable?
What is the source of the authority of the sovereign?
What is Hobbes's criticism of the ideas of liberty obtained from the
Greeks and Romans?
What limits the liberty of subjects?

English Bill of Rights

What are the chief complaints against James II?
Who has convened the meeting at which these acts are declared
illegal?
On what basis are they declared illegal?
On what basis is William declared King? Who makes the
declaration?

Glossary:

tallage - a tax

benevolence - a tax

divers - various

writ of habeas corpus - an order requiring a showing of cause to

detain a prisoner

martial law - military law

papists - Catholics

popish - Catholic

prelate - religious official

Locke, Second Treatise of Government

What state are all men naturally in?
What is the law of nature?
Who has the right to punish in the state of nature?
What are the limits on punishment in the state of nature?
What problems in the state of nature make the establishment of
government desirable?
How do people leave the state of nature and come under the
jurisdiction of government?
What establishes consent to be governed according to Locke?

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